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JUNE
2009
BIRW UPDATE
pace human rights prize awarded to birw
BIRW was awarded the Parliamentary Assembly Council of Europe Human Rights Prize at a ceremony held in Strasbourg on 24 June 2009. Chair of the BIRW Board Helen Shaw and BIRW Administrator Elizabeth Folarin attended the ceremony. The President of PACE, Lluis Maria de Puig, who described BIRW as a model for other NGOs, presented the award. Helen Shaw said, “We are a very small NGO who have been working for the past 19 years to try to instil respect for human rights into the situation that has lasted for over three decades in Northern Ireland.
In particular, we have been battling against a culture of impunity for agents of the state who have transgressed the law. Many people have died as result of this policy, including, sadly, two lawyers, Patrick Finucane and Rosemary Nelson. There have been, though, very many other victims, on both sides of the sectarian divide in Northern Ireland, and we have sought to work with all of them to find out the truth and to bring those responsible, no matter how high their office, to account. The recognition that the Parliamentary Assembly has given to our work through this prestigious award gives us renewed confidence and energy.” She then addressed the women’s section of PACE on the topic of the success of BIRW as a female-lead organisation. Finally, BIRW were delighted to accept an invitation from the Irish Government to a reception held in our honour. Just before the prize-giving, the Parliamentary Assembly had adopted a resolution on the need for the 47 member states to “eradicate impunity”, which the report on which the vote was based said “continues to exist in Europe”. Coverage of the day’s events can be seen at:
http://www.euronews.net/2009/06/24/birw-awarded-prize-for-northern-ireland-work/
http://www.coe.int/t/dc/files/pa_session/June_2009/20090624_disc_DePuig_en.asp
http://assembly.coe.int/ASP/NewsManager/EMB_NewsManagerView.asp?ID=4789&L=2
it’s party, party, party at BIRW
Grateful thanks to our sponsor Michael Mansfield QC and all at Tooks Court Chambers for very kindly holding a reception on 2nd June to celebrate our receiving the PACE prize. Michael has been our sponsor ever since we first started work in 1990, and, as he reminded everyone, we were hardly flavour of the month when we started this work. We may be respectable now that the Council of Europe has recognised our contribution, but we are as dedicated as ever and hope to survive long enough to see out our mandate of assisting everyone who human rights have been affected by the conflict. We are very grateful to everyone who has supported us over the years.
EUROPEAN ELECTION RESULTS IN NORTHERN IRELAND
Bairbre de Brún of Sinn Féin beat the DUP’s candidate Diane Dodds into third place in the recent European elections, with Jim Nicholson (formerly of the UUP) of the Ulster Conservatives and Unionists - New Force party coming second. The DUP had previously topped the poll in every European election since 1979. This year, they attracted only 18.2% of the vote, compared to 32% at the last election in 2004. The DUP clearly suffered the fate of the Labour Party in Great Britain, in that the ruling party took the flak over the MPs’ expenses scandal, but Sinn Féin’s victory is interesting in view of recent RIRA murders, suggesting that perhaps Sinn Féin is beginning to put clear blue water between itself and paramilitary violence. For more details, and to compare the trends, see our coverage of all recent Northern Ireland elections on our website.
DECOMMISSIONING BY THE UVF
The decommissioning body led by General John de Chastelain has confirmed that the UVF has finally disarmed. The loyalist paramilitary made a statement that it had put all of its weapons and explosives beyond use in a process witnessed by international observers. General de Chastelain's decommissioning body (the IICD) confirmed it had witnessed a "major decommissioning event" by the UVF and the Red Hand Commando, a cover name used by both the UVF and the UDA. The quantity of material destroyed was not disclosed, but the IICD says it included arms, ammunition, explosives and explosive devices. The IICD also confirmed that the UDA had begun the process of decommissioning its weapons. The latest developments are welcome as another step on the road to the normalisation of society in North Ireland.
GOVERNMENT LAUNCHES CONSULTATION ON THE EAMES-BRADLEY RECOMMENDATIONS
BIRW attended the Northern Ireland Affairs Committee on Wednesday 24 June to hear the Secretary of State for Northern Ireland Shaun Woodward MP give evidence on the Government’s response to the recommendations of the Consultative Group on the Past (Eames-Bradley). The Secretary of State took this opportunity to launch a 14-week consultation period. On the day of giving evidence before the Committee the Northern Ireland Office published a consultation paper and a response form. The Secretary of State made it clear that he was open minded about the recommendations and had already consulted with the major political parties in Northern Ireland and with opposition colleagues. The Secretary of State intends to invite the Chief Constable Sir Hugh Orde to review the work of the Historical Enquiries Team in light of the recommendations. It was hoped that the results of this consultation could be published before the next general election. BIRW will be working closely with the Committee on the Administration of Justice in Northern Ireland to encourage as many groups as possible to respond to the consultation. One of our aims will be to encourage the government to legislate on a human rights compliant package for dealing with the past in the lifetime of the current Parliament.
TOTURE (DAMAGES) BILL
BIRW supports the introduction of the Torture (Damages) Bill. The Bill sends a clear signal to the perpetrators of torture that it will not be tolerated wherever it takes place. Torture survivors in the UK are currently unable to obtain justice in the domestic courts for the torture they suffered overseas. If enacted, the Torture (Damages) Bill would allow survivors of torture to make a claim for compensation in the courts of England and Wales, where they are unable to do so in the jurisdiction in which they were tortured. The Bill received its second reading in the House of Commons on 26 June 2009.
ALL PARTY PARLIAMENTARY GROUP ON IMPROVING UK COMPLIANCE WITH INTERNATIONAL LAW
BIRW attended the inaugural meeting of the All Party Parliamentary Group on Improving Compliance with International Law on Wednesday 10 June at the Palace of Westminster. The meeting was convened by Claire Short MP and other parliamentarians including Baroness Shirley Williams. The audience included members of human rights organisations, lawyers and academics. The meeting was address by Professor Phillipe Sands QC of University College London and Matrix Chambers. Professor Sands spoke on the relationship between international law and parliamentary democracy. He was particularly concerned about the power of the executive and urged greater scrutiny of international law provisions by the legislature. Professor Sands took questions and it was agreed that the APPG should strive to establish a new parliamentary committee to scrutinise international law obligations and commitments.
PRESS FREEDOM: VICTORY IN THE SUZANNE BREEN CASE
BIRW attended the full hearing of the application by the Police Service of Northern Ireland against Sunday Tribune journalist Suzanne Breen in relation to the publication of an admission of responsibility by the Real IRA regarding the shootings at Masserene Barracks in March of this year and the killing of undercover agent Denis Donaldson. The PSNI had made an application under the Terrorism Act 2000 insisting that Suzanne Breen hand over all her journalistic material relating to the admissions.
The application was heard before Belfast Recorder Judge Tom Burgess and he took evidence from Norin Hegarty, editor of the Sunday Tribune, Suzanne Breen herself, Liam Clark of the Sunday Times, Alex Thomson of Channel 4 News, Roy Greenslade of City University and the Evening Standard and John Ware of BBC Panorama. The court heard arguments relating to the Code of Conduct of the NUJ and the threat to Ms Breen’s life if she handed over her material to the PSNI.
On the 18 June the ruling was given. His Honour Judge Burgess accepted the argument that to give up the material would amount to a breach of Ms Breen's right to life under the European Convention on Human Rights. He acknowledged that there was a great public interest in catching the killers but said the journalist's right to life outweighed that. He said there was objective evidence that the RIRA would target Ms Breen if the information was handed to the authorities, even as a result of a court order. He rejected police argument that there was no immediate threat to the journalist, stating it was obvious that such a risk would only become real if the data was relinquished. The judge described the RIRA as a "ruthless and murderous group of people" who would have no hesitation in targeting the reporter. The judge also said he was satisfied that the concept of confidentiality for journalists protecting their sources is recognised in law, and specifically under the Terrorism Act 2000 and Article 10 (freedom of expression) of the European Convention on Human Rights.
THE PROTECTION OF SOURCES: IAN PAISLEY JUNIOR
Ian Paisley Junior has refused to reveal the identity of an officer who, he claims, gave him information about the destruction of Northern Ireland Prison Service files at the Maze jail. Mr Paisley’s refusal has arisen out evidence given to the Billy Wright Inquiry. In the Belfast High Court Mr Justice Gillen indicated that a full hearing of the case against Mr. Paisley must be heard before the end of the current legal term. In his ruling in March, the judge said that although it was important for elected representatives to be able to protect the confidentiality of a source, the information played a central part in enabling the inquiry to determine whether or not the prison authorities had facilitated Billy Wright’s death.
RACISM IN NORTHERN IRELAND
More than 100 Romanian people have fled their homes in Belfast, saying they feel intimidated after a series of attacks. When the police in Northern Ireland started recording racially-motivated crime in 1996 there were just 41 incidents. Last year there were nearly 1,000. In part the increase in the number of incidents can be explained by the increase in the ethnic minority population. There was a growth in the number of migrants coming to Northern Ireland following the paramilitary ceasefires and the accession of central and eastern European countries to the European Union. It is a matter of great sadness to see Northern Ireland’s sectarianism spilling over into racism.
A BILL OF RIGHTS FOR NORTHERN IRELAND – THIS YEAR? SOMETIME? NEVER?
The Northern Ireland Human Rights Commission presented its Advice to the Secretary of State for Northern Ireland on A Bill of Rights for Northern Ireland on 10 December 2008. We understand that the government has finally said that it is aiming to conduct a consultation on the Advice next October, which means it is unlikely to find parliamentary time before the next election. As the clock ticks BIRW fears that the Advice of the Commission has been sidelined by the Government. This view is endorsed by the negative comments by the Secretary of State to the Northern Ireland Affairs Committee on the Advice. The situation has not been helped by the dissent of two Commissioners and the intervention by former Chief Commissioner Brice Dickson, who appears to have taken a u-turn in his support for the project. BIRW strongly urges the Government to take seriously its obligations under the Good Friday Agreement and ensure the enactment of a Bill of Rights for Northern Ireland in the lifetime of this Parliament.
A BRITISH BILL OF RIGHTS? FURTHER CALL FOR EVIDENCE
BIRW has submitted further evidence to the Joint Committee on Human Rights in response to its inquiry into a Bill of Rights for the UK. This submission was provided in response to the invitation from the JCHR to submit supplementary written evidence, commenting on the proposals in the Government’s Green Paper, and focusing in particular on whether "responsibilities" should be included in any UK Bill of Rights and whether social and economic rights should be included in a UK Bill of Rights. BIRW argues that responsibilities should not be incorporated into a Bill of Rights because this would be a dangerous infringement of individual civil liberties – everyone is entitled to a fair trial, for example, not matter how heinous the crime. BIRW also supports the incorporation of social and economic rights into a British Bill of Rights.
THE BAHA MOUSA INQUIRY
BIRW attended the Third Directions Hearing in the Baha Mousa Inquiry. BIRW is monitoring the progress of this inquiry as part of its remit to advocate for an Article 2 compliant inquiry process for the UK. The hearing provided a progress report on the conduct of the Inquiry, which is due to start hearing oral evidence in July. The hearing heard arguments relating to extensive witness anonymity applications and the production of redacted documentary evidence.
WILLIAM JAMES FULTON
BIRW observed the appeal against conviction and sentence of William James Fulton in May of this year. The Court of Appeal delivered its judgment this month. Mr Fulton was convicted of murder and multiple other offences after an extensive covert surveillance operation mounted against him over a period of 15 months during the course of which Mr Fulton made many self-incriminating statements. Mr Fulton argued that the taped evidence used against him was unreliable, inadmissible and obtained illegally. In the court’s judgement, Lord Justice Girvan stated that, "The suggestion that the surveillance operation should be viewed as an illegitimate operation brought about by subterfuge is unsustainable." Lord Justice Girvan, sitting with Mr Justices Gillen and McLaughlin, did overturn convictions connected to three attempted murders and an attempted grievous bodily harm with intent. The offences were linked to bombs being thrown into two homes in June 1999, but the judge said the evidence was not sufficient to establish the specific intent to kill.
A WELCOME JUDGMENT ON CONTROL ORDERS
BIRW welcomes the judgment in the case of SSHD v AF and another. A panel of law lords ruled that the government’s control order regime, which keeps 20 terrorism suspects under virtual house arrest, breached the human rights of those suspects. The unanimous decision by the nine law lords means that those under control orders can no longer be tried without knowing the allegations and evidence being brought against them. The law lords ruled that when cases are “based solely or to a decisive degree on closed materials, the requirements of a fair trial will not be satisfied”. The suspects can now challenge their control orders in court.
FIRST RESEARCH INTO HISTORICAL ENQUIRIES TEAM PUBLISHED
Dr Patricia Lundy of the University of Ulster at Jordanstown has published an article based on her research into the workings of the Historical Enquiries Team, who have been looking into conflict-related deaths in Northern Ireland. Dr Lundy was given unprecedented access to the HET’s operation, and has many useful insights to offer into this unique experiment. Her article, “Can the Past be Policed? Lessons from the Historical Enquiries Team Northern Ireland”, can be found in the journal Law and Social Challenges, Volume11, Spring/Summer, 2009, pages 109 – 156.
30th JUNE 2009
For Peace Justice & Human Rights
